Whenever you visit a medical practitioner—whether by choice or requirement—you have the right to receive competent treatment. Yet all too often, doctors, nurses, dentists, and hospitals fail to provide this level of care. If the care you receive falls below the standard required by the medical profession, you could pursue a medical malpractice claim. While instances of medical malpractice may seem obvious, in truth, pursuing these claims is always a complex legal matter. In fact, you cannot even begin the process of claiming damages without hiring a medical expert witness and participating in mediation sessions. As a result, pursuing legal action may seem like an insurmountable obstacle on your own.
Fortunately, a Wheeling medical malpractice lawyer at Bordas & Bordas is prepared to help. One of our dedicated personal injury attorneys could explain the requirements for pursuing a medical malpractice claim during a free consultation. They could also perform an initial case evaluation and help you locate and hire qualified medical experts. With the help of our committed legal team, you could hold negligent medical providers responsible for their failures.
Going to visit a medical provider is never a sure thing. The human body is extremely complicated, and even the most advanced medical science cannot guarantee a positive result. That being said, every practitioner in Wheeling has the same obligation to provide competent care.
But what exactly does this mean? West Virginia Code § 55-7B-3 defines medical malpractice as when a medical provider does not tend to a patient with reasonable skill, care, or learning. In simpler terms, this means acting as a reasonable provider would when caring for the same patient or a patient experiencing similar circumstances.
Doctors may commit malpractice in any number of ways and at any time. A family doctor may commit malpractice by failing to order proper tests following troubling symptoms or prescribing inappropriate medication. Emergency personnel may fail to diagnose a heart attack or stroke. Surgeons may leave an instrument inside a patient’s body or botch a procedure in an unusual way. One of our knowledgeable Wheeling medical malpractice attorneys could explain the legal concept in further detail during an initial meeting.
Of course, you must prove medical malpractice to a jury in court, which could be much easier with guidance from an experienced lawyer in Wheeling. To accomplish this, it is necessary to work with a medical expert who can evaluate the actions of the defendant provider and explain why the level of care fell to malpractice. Not only is this expert necessary to take a case to trial, but their input is also required to even initiate a case.
WV Code § 55-7B-7 states that an expert must base their opinion on the facts present in the case and that any lawsuit alleging medical malpractice must include a certificate of merit from this expert stating the basis for their opinion that malpractice has occurred.
The team of skilled lawyers at our firm has experience achieving successful outcomes in numerous medical malpractice cases across West Virginia, Pennsylvania, and Ohio. For instance, in the case of Turkoly v. Gentile, our team secured a $5.1 million verdict for Kelly Turkoly after she suffered injuries due to her surgeon’s intentional deceit and negligence.
Check out our results page to see other recent case results and how we have helped those who were hurt because of another party’s misconduct seek financial recovery and move forward with their lives.
Every medical practitioner in Wheeling has the same duty to practice their craft with appropriate skill and care. A failure to meet this obligation can lead to significant injuries and may constitute medical malpractice.
However, as obvious as some instances of malpractice may appear to be, you must work with a medical expert who can certify your claims, provide an analysis of the medical records, and present testimony in court. In fact, you cannot even begin a case without the help of this expert.
A seasoned Wheeling medical malpractice lawyer at our firm understands the necessary legal processes and could help hire a qualified expert witness to testify on your behalf. State law gives you two years from the date of discovery of the injury to file a case. Call Bordas & Bordas today so we can get started on your claim.
